Sexual Risk Order Dismissed for IT Executive

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We represented a 38-year-old IT executive who was investigated by police in relation to indecent images of children. The case was dropped due to insufficient evidence. However, despite the discontinuance of criminal proceedings, the police applied for a Sexual Risk Order (SRO) — a civil court order often sought when authorities believe someone done a sexual act. The purpose of the order is to protect the public from sexual harm.

The police alleged that our client had uploaded nine indecent images to a messaging platform (KIK) using a VPN. While an IP address linked to our client’s home was cited as being connected to a login, crucial identifiers — such as the email address and account username — could not be directly attributed to him.

The complexity of the case was heightened by a prior police interview during which our client had been represented by a duty solicitor. Unfortunately, during that interview, our client made statements that were later interpreted as quasi-admissions, including:

• Viewing and possibly sharing indecent material.
   
• Expressing a general interest in taboo forms of adult pornography, including references to rape and incest themes.
   

These comments, although not amounting to a criminal offence, formed the basis for the police’s argument that an SRO was necessary to safeguard vulnerable individuals.

Our client instructed Kelly Blake, an experienced criminal defence solicitor, who challenged the basis and necessity of the proposed Sexual Risk Order at Staines Magistrates’ Court.

We argued:

• That the threshold for such an order had not been met.
   
• That the order was unnecessary and disproportionate given the absence of formal charges or convictions, and no other evidence of a sexual interest in children.
   

The proposed order would have subjected our client to two years of intrusive monitoring by the public protection team, including unannounced visits, monitoring of devices, and restrictions on internet use. The impact on his personal and professional life would have been severe.

The court accepted our submissions and refused to grant the Sexual Risk Order. This outcome provided our client with immediate relief and restored his ability to live without undue police interference or reputational damage.

Our client was extremely grateful and relieved. He is now able to move forward with his life and career without the weight of an unjustified civil order hanging over him.